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3/13/2013
HOS oral arguments set for Friday; changes kick in July 1
By Jami Jones, Land Line managing editor

In spite of calls to delay the HOS rule with an impending court hearing, the Federal Motor Carrier Safety Administration is sticking with the July deadline for the remaining provisions to take effect.

Starting after June 30, rest breaks will be mandated for drivers during the workday if the driver has been on duty for eight consecutive hours. The regulation also mandates that the 34-hour restart provision must include two overnight periods of 1 a.m. to 5 a.m. in the restart. The restart is also restricted in the new regulations to only once per seven days.

Pending litigation in the U.S. Court of Appeals for the District of Columbia is scheduled for oral arguments on Friday, March 15. Leading up the hearing, a number of groups called for a delay in the regulation because of the uncertainty of the court’s ruling.

FMCSA denied that request recently, deciding to stick with the July 1 compliance deadline.

Public Citizen, Advocates for Highway and Auto Safety and the Truck Safety Coalition, as well as two truck drivers, filed a lawsuit in late 2012 challenging the retention of the 11-hour driving allowance and the 34-hour restart provision, albeit modified from the current regulations.

Many groups intervened in the lawsuit including the Owner-Operator Independent Drivers Association, the American Trucking Associations, The National Industrial Transportation League, the National Shipper’s Strategic Transportation Council, the Truckload Carriers Association and The Health and Personal Care Logistics Conference.

Oral arguments are scheduled to take 80 minutes total.

Click here for more information on the newest version of the hours-of-service regulation and the implementation deadline.

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